过去的三百多年里,罗马法和英国普通法之间的关系只得到了英国学者及国外学者零星的关注。~①即便如此,关于这一问题的文献资料仍然相对较少,研究成果也较为贫乏。没有哪一位历史学家甘愿冒险去论证这一问题在英国普通法律史上的重要性。事实上,绝大多数学者在论述过程中都会对这一问题避而不谈,甚或将其放到书的附录部分。过去,最为关注两者关系的, Over the past three hundred years, the relationship between Roman law and common law in Britain has received only sporadic attention from British scholars and foreign scholars. Even so, the literature on this issue is still relatively small, and the research results are relatively poor. No historian is willing to take the risk of arguing the importance of this issue in the common law history of Britain. In fact, the vast majority of scholars in the process of discussion will be able to ignore this issue, or even put it in the appendix of the book. In the past, the most concerned about the relationship between the two,